Shaxrizoda Mamasolieva

Image source:www.unhcr.org

In January-September 2020, the number of foreign citizens who came to Uzbekistan for tourist purposes was 1.4 million, and the number of Uzbek citizens who went abroad was 1.6 million. In particular, the number of Uzbek going abroad has increased sharply since 2018, and 13.8 millioncitizens left the country in 2018. These figures show that the issue of citizenship of the Uzbeks in foreign countries should be regulated by legislation. In the last five years, the government has implemented several serious reforms to protect human rights regarding the acceptance of citizenship in Uzbekistan. The main goal of these reforms is to ensure human rights and remove administrativerestrictions and obstacles faced by stateless peoples of Uzbekistan and foreign citizens in acquiring citizenship of Uzbekistan. This blog post discusses the legal norms regarding the acquisition of dual citizenship, the positive consequences of dual citizenship, and the experience of other countries that implemented dual citizenship.

        The legal system of citizenship in Uzbekistan

One of the most vital pieces of legislation on the entrance to the territory of Uzbekistan is the “Regulation of invitation to Uzbekistan, issuance of multiple-entry visas and their temporary registration by the internal affairs authorities” approved by the government on April 17, 2019. In addition, according to the Law “On Citizenship of Uzbekistan” (Citizenship Law), if a person has voluntarily acquired citizenship of a foreign country, he or she loses citizenship of Uzbekistan. According to Article 12 of the Citizenship Law, the Uzbek government does not recognize the foreign citizenship of its citizens. Before the decision of the President of Uzbekistan on relinquishment or loss of citizenship of Uzbekistan, a citizen who has the citizenship of a foreign country at the same time shall fulfill the obligations arising from the citizenship of his native country and cannot refuse to perform. 

Ministry of Internal Affairs noted that if a citizen of Uzbekistan who has gone abroad enters the country with a passport of a foreign country without refusing Uzbek citizenship, he would be recognized as a citizen of Uzbekistan. In other words, if a citizen of Uzbekistan who has gone abroad enters the border with a passport of a foreign country without losing his citizenship, only his citizenship of Uzbekistan is recognized. Nevertheless, this does not mean that a person can permanently hold citizenship of Uzbekistan and another country. Virtually, the fact that internal affairs bodies hear that a person has obtained citizenship of another country or sees a passport of another country in him does not automatically exclude him from the citizenship of Uzbekistan. In this case, Foreign Affairs identify with the help of relevant organizations whether this person has obtained citizenship of another country or not.

Consequently, this person will receive a receipt stating that the relevant organization will deprive the citizenship of Uzbekistan if he does not renounce the citizenship of another country in time. In this case, the citizenship legislation explains in detail to the person that the consequences of not renouncing foreign citizenship will be warned. Suppose a person does not renounce his foreign citizenship during the given period. In that case, a Presidential decree is likely to terminate his Uzbek citizenship, and, in this case, the person is not subject to any administrative or criminal liability.

Analysis of comparative legal systems in terms of dual citizenship

 Switzerland is one of a few countries where dual citizenship is allowed. Switzerland has recognized the right to dual nationality without restriction since January 1, 1992. Under Swiss law, you no longer need to give up your previous citizenship if you become a Swiss citizen. However, it is still possible that under the law in your country of origin, you automatically lose your citizenship in that country if you opt to acquire citizenship in another country. According to the Federal Act on Swiss Citizenship, Swiss citizens who acquire another nationality abroad do not have to give up their Swiss citizenship unless the other country requires them. Obtaining Swiss citizenship as a second nationality involves the same process as any regular naturalization: foreigners must live in the country for at least ten years, be integrated, obey the laws, respect national values, and be fluent in at least one national language. 

Allowing dual citizenship by the Swiss government has brought enormous benefits to the country’s economy, as these citizenship changes attract skilled professionals from other developing countries. As a result of allowing dual citizenship, the country’s economy has grown significantly, and acquiring the citizenship of the host country has provided opportunities for foreign investors such as non-discrimination in the country, the provision of free entry and exit from the border, and the operation of legal norms for the benefit of the investor. 

Conversely, legal norms referring to dual citizenship in the USA are problematic. In practice, the U.S. government does not require naturalized U.S. citizens to renounce citizenship in their home country. While the Oath of Allegiance to the United States speaks of renouncing “allegiance” to other nations, U.S. immigration law does not explicitly address the subject of dual citizenship. The best summary of the U.S. government’s position on dual citizenship is a U.S. Supreme Court opinion, which explains, “a person may have and exercise the rights of citizenship in two countries and be subject to the obligations of both.” 

However, the fact that the United States allows dual citizenship does not mean that the country of the person applying for dual citizenship will also agree to receive U.S. citizenship. Some countries, such as China and India, do not recognize the status of naturalized Americans on their soil. Candidates could even automatically lose citizenship in those countries after becoming U.S. citizens. Consequently, it is more advisable to understand the dual citizenship rules in the country of origin before applying for admission to U.S. citizenship. 

So, what are the legal consequences of having dual citizenship? Being a U.S. citizen and a citizen of another country offers many advantages that can help individuals achieve specific goals. However, it is essential to be aware of specific responsibilities assumed by a naturalized American.

A person who has acquired dual citizenship can work anywhere. The right to apply for employment anywhere in the United States without obtaining a work visa is strengthened. As a dual citizen, there are often situations where an overlook for specific federal jobs requires a security clearance and the ability to maintain the confidentiality of classified government information. This can be difficult if the individual is loyal to a nation with conflicting interests with the United States. In addition, a person with dual citizenship can travel without restrictions, get a green card for his family, and vote in elections like a U.S. citizen. If a person meets eligibility requirements, he can apply for government benefits, including tuition assistance available only to U.S. citizens.

Advantages of dual citizenship

A countless number of benefits of implementing double citizenship should be taken into consideration here. To begin with, the status of being a citizen of two countries can fully participate in the political life of any country. Consider the right to vote, participate in elections, and donate to political candidates. It is reasonable to conclude that a person can freely exercise his political rights regardless of the territory of any country. On top of that, unlike foreigners, dual nationals do not require a visa or permit to travel to their country of citizenship and can stay as long as they wish. They also have the right to seek employment in both countries, while foreigners must go through a lengthy process to obtain a work permit. They are also exempted from any restrictions on foreign businesspersons. In terms of social services, favorable opportunities are created for citizens and individuals. Dual citizens can receive benefits offered by each country they are a citizen of. For example, they may travel to receive medical treatment or procedures not available in another country of their citizenship. They can also get an education at the same price as local students.

The policy of double nationality creates opportunities and favorable conditions for individuals in property ownership. As some countries restrict land ownership to citizens, only legal citizens of two countries can buy property in either or both countries. On the positive side for the country’s economy, the legalization of dual citizenship can increase foreign investment and the labor force, which in turn leads to an increase in tax revenues for the host country’s government. 

Disadvantages of dual citizenship

One of the negative aspects is that bilateral obligations arise. A person who has received citizenship in both states might face a dilemma in which state to fulfill civil obligations. In the United States, if a person is a U.S. citizen and is in a state with compulsory military service, he may be deprived of U.S. citizenship under certain circumstances, for example, if he serves as an officer in a foreign army waging war against the U.S. For persons who are two citizens of the U.S. and another state, the U.S. imposes a tax on their citizens for income from anywhere in the world. If a non-US dual residency lives in a country, it is possible to owe tax to the U.S. government and the country of income. At the same time, income tax agreements between the United States and other countries effectively reduce or eliminate an individual’s tax liability to prevent double taxation. For example, a treaty between the United States and New Zealand would repeal each country’s income tax laws to avoid double taxation.

Summary

To sum up, although allowing dual citizenship in Uzbekistan is dependent on political reforms, I believe that the government can benefit as follows if it allows dual citizenship:

1. The rights and freedoms of citizens of Uzbekistan living abroad in terms of property ownership are ensured.

2. Due to the protection of personal property rights, investors invest more in the country’s economy and increase the country’s investment attractiveness.

3. Attracts qualified specialists from developing countries.

4. Expansion of the scope of investment

The government should introduce the granting of Uzbek citizenship without losing the citizenship of another country, especially as a factor of encouraging the contribution of people who have made a significant contribution to the country’s science because of investment. However, implementing this reform may face several political oppositions related to the political process.